Governor Hiroshi Ono
<New Corona> When will an explosive infection ... Saitama's spread prevention measures, extended until June 6 Governor "Unpredictable"
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Until May 5, the prefecture has taken measures to prevent the spread of infection, such as refraining from providing alcoholic beverages at restaurants, etc., with 31 municipalities such as Saitama City and Kawaguchi City as the measures area under the same measures based on the New Corona Special Measures Law.
On the 28th, Governor Motohiro Ohno of Saitama Prefecture extended the period of priority measures such as prevention of spread that had been issued in Saitama Prefecture to June 6th ... → Continue reading
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New influenza measures special measures law
New influenza measures special measures lawWhat is (Shingata Influenza Totaisaku Tokubetsu Sochiho, May 24, 5 Law No. 11)?HXNUMXNXNUMX influenzaBy strengthening measures against such thingsPeopleEstablished with the aim of protecting the lives and health of people and minimizing their impact on their lives and economy.Japan OflawIs. For shortNew Influ Special Measures LawAlso called..This law applies not only to the new strain of influenza, but also to the occurrence of new infectious diseases that may cause a sudden epidemic and have a serious impact on the people (Article 2, Item 1).
Plans for implementing measures against new strains of influenza, measures in the event of an outbreak, new strains of influenza, etc.EmergencyBy stipulating measures, etc.Act on Prevention of Infectious Diseases and Medical Care for Patients with Infectious Diseases(Hereafter, Infectious Diseases Control Law),Quarantine Act,Vaccination methodCoupled withThe purpose is to strengthen measures against new influenza, etc., thereby protecting the lives and health of the people in the event of a new influenza, etc., and minimizing the impact on the people's lives and the national economy ( Article 1).
Natural disastersPrepared forDisaster Countermeasures Basic LawAndterrorismDecided to deal withLaw Concerning Measures to Protect People in Armed Attacks, etc.Enacted based on the (National Protection Law).2013(Heisei25) No cases have been applied since the enforcement in AprilBut,2020(Reiwa2 years)New Coronavirus Infection (COVID-19)Due to the risk of the spread of influenza, the law was amended to consider COVID-19 as a new type of influenza for a certain period of time (described later), and it was based on this law.Emergency declarationWas announced.
Law enactment process
It became popular worldwide in 2009 (Heisei 21)H1N1 subtypeInfluenza virusFrom March 2010 (Heisei 22), based on the confusion in dealing withMinistry of Health, Labor and WelfareSummarizes the measures taken by H1N1 subtype influenza and responds to future epidemics of HXNUMXNXNUMX subtype influenza.bird-flu(H5N1 subtype) The "New Influenza (A / H1N1) Countermeasures General Meeting" was held under the Ministry of Health, Labor and Welfare's New Influenza Countermeasures Promotion Headquarters to utilize it for reviewing countermeasures in the event of an outbreak., 2010 (Heisei 22), summarized the recommendations to the Ministry of Health, Labor and Welfare.In this, it was recommended to clarify the legal basis of various measures in order to ensure the effectiveness of the measures..
In response to this, at the "Meeting of Related Ministries and Agencies on New Influenza and Avian Influenza, etc." on November 2011, 23, we discussed how to organize the legal system issues necessary for measures against new influenza.Japanese GovernmentLegal development was considered in.. April 2012, 24House of CouncilorsMain Conventionso,Democratic Party-KomeitoIt was approved and approved by a large number of people in favor of.Communist party-Social Democratic PartyDisagree,LDP TheNaoki TanakaMinister of Defenseas well as the Takeshi MaedaMinister of Land, Infrastructure and Transport OfResolutionAfterRefusal of deliberationThere is a bill insideCabinet CommitteeWas absent because it was voted in.. This law was promulgated on May 5th.
As a result, the legal basis for "establishment of a compensation system for medical personnel" and "authority of the governor" to ensure the securing of medical care was clarified. Regarding the "authority of the governor," there was a strong request from the National Governors' Association to "promote legal development, such as granting the authority of the governor similar to the Basic Act on Disaster Countermeasures.".
It is stipulated that it will be enforced on the day specified by Cabinet Order within one year from the date of promulgation (May 1, 2013).People's Republic of Chinaでbird-flu(H7N9 subtype) Has spread, and the government ordinance sets the enforcement date ahead of schedule.Was decided by the Cabinet on April 4, the same year, promulgated in the official bulletin (special extra No. 2) on the same day, and came into effect on the following day..
Discussion on the applicability to new infectious diseases
On February 19, 2020, whether COVID-3 could be a "new infectious disease" under this law before the amendment (March 2020)House of Representatives OfFinance Finance Committeeso,National Democratic Party OfYuta HiyoshiIn response to the committee members, Prime Minister Shinzo Abe replied that the application of the Special Measures Law for New Infectious Diseases was "difficult" because of the different types of infectious diseases..Minister of Health, Labour and WelfareKatsunobu Kato"It's a" new infectious disease "because there is something we don't know what is causing it. This time we know it's a new coronavirus, not a" new infectious disease. "..Meanwhile, I attended the House of Councilors Cabinet Committee on March 3 as a reference.Shigeru Omi(GovernmentInfectious disease expert meetingVice-chairman, andRegional Medical Function Promotion Organization(Chairman) said the infectious disease was a "new infectious disease.".
Expanded application to new coronavirus infections
July 2020, 2 (Reiwa 3 years),New Coronavirus Infection (COVID-19)Was amended to be subject to this law for up to two years from the date of enforcement of the revised law, and came into effect on the following 2th..
The process leading up to this revision is described below. The new coronavirus infection (COVID-2019), which has been prevalent worldwide since December 12 (the first year of Reiwa), is a designated infectious disease (infectious disease) based on the Infectious Diseases Control Law by the Cabinet Order of January 19. Law Article 2020 (1)) andQuarantine ActIt was designated as a quarantine infectious disease based on.
On the other hand, regarding this infectious disease, the government has announced that it will adopt a legal interpretation that it does not fall under the "new infectious disease" subject to this law, and as long as that interpretation is adopted, this law will be amended for COVID-19. It would not be applicable without it (about the discussion about interpretation)Later).Shinzo AbeThe Prime Minister is on March 2020, 3201th Diet-House of CouncilorsBudget CommitteeAnnounced a policy to revise this law so that it can be applied to COVID-19.,May 3Also in the general deliberation of the committee, after amendment, based on Article 32 of this lawEmergency declarationReiterated the policy to be able to issue.
CabinetWill be stipulated by Cabinet Order within a range not exceeding two years in view of the situation in which there is concern that the outbreak and spread of COVID-2020 on March 3, 10 will have a significant impact on the lives and health of the people. Until the day, COVID-19 is regarded as "new influenza, etc." stipulated in the Act on Special Measures Against New Influenza, etc., and "Part of the Act on Special Measures for Countermeasures against New Influenza, etc. "Bill to be done" is decided by the Cabinet, Submitted to the House of Representatives on the same day.. House of Representatives on March 3Cabinet Committeeで, House of Representatives on March 3Main ConventionWas passed and sent to the House of Councilors..In the vote, some rebels who voted against or were absent without following the support policy of the opposition joint faction (Constitutional Democratic Party, People, Social Security, Independent Forum) appeared.Japan Communist PartyWas reported to be out of step with the major opposition parties because of their opposition..May 3,House of CouncilorsCabinet CommitteeAnd passed by the House of Councilors plenary session..Promulgated in the extra issue No. 27 of the official bulletin dated the same dayIt was enforced on the 14th of the following day.
Initially, the period during which COVID-19 is subject to this law is a Cabinet Order.(From the enforcement date) until January 2021, 1, Amendment of Cabinet Order when the State of Emergency was reissued on January 2021, 1Was revised until January 2022, 1...Furthermore, as will be described later, the law was amended on February 2021, 2, and it became applicable without a fixed deadline.
At the request of the opposition party in the deliberation of the bill, when implementing various measures, it is required that the freedom and rights of the people be restricted to the minimum necessary.Incidental resolution(House of Representatives20 items, 25 items of the House of Councilors)Cabinet CommitteeIs done in.
Amendment to promote measures against new coronavirus infection
In view of the current outbreak of new coronavirus infections, etc., the content is a request to change business hours in order to promote measures related to the infectious disease.Priority measures such as prevention of spread of new influenza etc.In order to enable orders for those who do not respond to requests such as restrictions on the use of facilities in emergency measures such as new influenza.[Annotation 1], A bill to partially revise the Law on Special Measures for New Influenza, etc. was decided by the Cabinet on January 2021, 3 (Reiwa 1).Was submitted to the House of Representatives on the same day.
At the plenary session on January 2021, 1, Minister Nishimura explained the purpose of the deliberation in the House of Representatives, and questions were asked about it., Referred to the Cabinet Committee.. On January 1, Minister Nishimura explained the purpose and asked questions at the Cabinet Committee... On February 2, a question was asked at the Joint Examination Committee of the Cabinet Committee, Welfare and Labor Committee.Amended by the Cabinet Committee, Passed as amended by the committee at the plenary session of the House of Representatives on February 2stWas sent to the House of Councilors.The supporters were the Liberal Democratic Party / Group of Independents, the Constitutional Democratic Party / Social Democratic Party / Group of Independents, the Komeito Party and the Nippon Ishin no Kai / Group of Independents, and the opposition groups were the Japanese Communist Party and the Democratic Party for the People / Group...The amendment in the House of Representatives was agreed on January 1 in the amendment talks between the Liberal Democratic Party and the Constitutional Democratic Party..
At the plenary session on February 2021, 2, Minister Nishimura explained the purpose of the deliberation at the House of Councilors, and questions were asked about it., Referred to the Cabinet Committee.. On February 2, a question was asked at the Cabinet Committee and the Union Examination Committee of the Welfare and Labor Committee of the Cabinet Committee., Passed by the Cabinet Committee, passed by the House of Councilors plenary session on the same dayIt was established.The pros and cons of each denomination in the House of Councilors are for corona measuresPush-button votingIt cannot be confirmed from the official website because it was decided to stand up instead.The revised law was promulgated in the extra issue No. 8 of the official bulletin dated the same day.Then, according to the provisions of Article 1 of the Supplementary Provisions, it came into effect on February 10 (some provisions are April 2), which is the day when 13 days have passed from the date of promulgation.
- Chapter 1 General Provisions (Articles 1-5)
- Chapter 2 Plans for Implementation of Measures for New Influenza, etc. (Article 6-13)
- Chapter 3 Measures in the event of a new influenza outbreak (Article 14-Article 31-3)
- Chapter 3-2 Priority Measures to Prevent the Spread of New Influenza (Article 31-4-Article 31-6)
- Chapter 4 Emergency Measures for New Influenza, etc.
- Section 1 General Rules (Article 32-Article 44)
- Section 2 Measures to prevent spread (Articles 45 and 46)
- Section 3 Measures for Securing Medical Care Provision System (Article 47-Article 49)
- Section 4 Measures Concerning National Life and National Economic Stability (Articles 50-61)
- Chapter 5 Financial Measures, etc. (Article 62-Article 70)
- Chapter 5-2 New Influenza Countermeasures Promotion Council (Article 70-2-Article 70-10)
- Chapter 6 Miscellaneous Provisions (Article 71-Article 75)
- Chapter 7 Penalties (Article 76-Article 80)
- Supplementary provisions
"New influenza, etc." covered by this law is defined in Article 6, Paragraph 7 of the Infectious Diseases Control Law.HXNUMXNXNUMX influenzaWaitInfection", Of the" new infectious diseases "stipulated in Article 6, Paragraph 9 of the Infectious Diseases Control Law," those that may spread nationwide and rapidly ", not only the new influenza, but also the rapid epidemic to the people. It can also respond to new infectious diseases that may have a serious impact (Article 2, Item 1).
According to the Infectious Diseases Control Law, "infectious diseases such as new influenza" means new influenza.[Annotation 2], Revival influenza[Annotation 3],COVID-XNUMX infection[Annotation 4]And re-emerging coronavirus infection[Annotation 5]Say.
In addition, "new infectious disease" is recognized as being transmitted from person to person under the Infectious Diseases Control Law.diseaseHowever, the already known infectious diseases and their medical conditions or treatment results are clearly different, and the degree of the medical conditions when they occur is serious, and the spread causes the life and health of the people. Those that are recognized as having a significant impact.Furthermore, this law is limited to "things that may spread nationwide and rapidly".
Due to the revision of the law on March 2020, 3New Coronavirus Infection (COVID-19)However, due to the revision of the law on February 2, 2021, the new coronavirus infection (COVID-2) has been covered for an indefinite period of time.
Creating an action plan
Response when it occurs
When the outbreak of new influenza etc. is confirmedPrime MinisterIn principle, establish a government response headquarters (Article 15, Paragraph 1).When the Government Countermeasures Headquarters is established, the name of the Government Countermeasures Headquarters and the location and period of establishment must be reported to the Diet and publicly announced (Article 15, Paragraph 2).Also, when the Government Countermeasures Headquarters is established,Prefectural governoras well as the MayorAlso, a countermeasures headquarters must be set up (Articles 22 and 34).Also, for medical professionals, etc.vaccineIt becomes possible to instruct the advance vaccination of (Article 28).
Establishment of new coronavirus infection control headquarters
At the Cabinet meeting on March 2020, 3, "Regarding the partial revision of the" Establishment of the New Coronavirus Infectious Disease Control Headquarters "" became a general matter, and the New Coronavirus Infectious Disease Control Headquarters became the Act on Special Measures for New Coronavirus Infectious Diseases. Based on..The announcement of the installation was made in the special issue No. 33 of the official bulletin on the same date..
Request for cooperation by the head of the prefectural countermeasures headquarters
Article 24, Paragraph 9 states, "When the head of the prefectural countermeasures headquarters finds it necessary to implement measures for new influenza, etc. in the area of the prefecture concerned accurately and promptly, he / she shall inform public and private organizations or individuals. It is possible to request the necessary cooperation regarding the implementation of measures against new influenza, etc. related to the area. "Using this provision, in 2020, a request was made to suspend the use of certain types of facilities in order to respond to the new coronavirus infection, and it was made in most prefectures after the state of emergency was declared (described later).
On May 2020, 5, the national government issued an administrative contact to each prefectural governor in the name of the Director of the New Coronavirus Infectious Diseases Control Promotion Office of the Cabinet Secretariat, indicating matters to be noted regarding the maintenance and mitigation of emergency measures...This is a specific caution prefectureIn addition, it shows the matters to be noted about the measures after the extension of the state of emergency by classifying into specific prefectures other than the specific caution prefectures.
Emergency situations such as new influenza
As a nationwide and rapid spread, it will have or may have a tremendous impact on the lives and economy of the people.Cabinet OrderRequirements specified inIn the event of a situation that falls under the above, the head of the Government Countermeasures Headquarters (Prime Minister) said, "Pandemic influenza etc.Is announced.When a state of emergency such as new influenza is declared, business suspension, requests for changes in business hours, orders for non-compliance with requests, and fines for violating orders are stipulated (Article 45, Article 79). Article XNUMX).
Priority measures such as prevention of spread
To prevent a spread that could have a profound effect on people's lives and the national economy in certain areas,Priority measures such as prevention of spread of new influenza etc.”, Requests for changes in business hours, orders for non-compliance with requests, and fines for violating orders are stipulated (Article 31-4-Article 31-6, Article 80). ..
February 2021, 3 (Reiwa 2) for the purpose of deterring the spread of infection before the declaration of emergency such as new influenzaLaw to partially revise the Law on Special Measures for New Influenza, etc.Was newly established by the enforcement of.
Financial measures, etc.
In addition to the provisions regarding the burden of costs by the national and prefectural governments,Loss compensationAnd damage compensation are also stipulated in this law.The national and prefectural governments must compensate for losses caused by the unavoidable use of specific hospitals, etc. for quarantine, or the use of land, etc. to open temporary medical facilities.In addition, the actual cost must be reimbursed to medical personnel who provide medical care, etc. by request or instruction (Article 62).If a medical personnel who provides medical care according to a request or instruction is killed or injured as a result, the damage must be compensated (Article 63).
Requests for suspension of use of facilities, etc.
As mentioned above, the prefectural governor can make a request for suspension of use of facilities (also called a leave request) and a request for refraining from going out based on the Act on Special Measures for Countermeasures against New Influenza.
Request / expropriation of goods for sale
On April 2020, 4, Jiji Press reported that "high-priced masks, government will expropriate".. "It was revealed on the 25th that the government has decided to strengthen measures for businesses that obtain" unreasonable profits "from high-priced sales, etc. while masks are in short supply." "New measures include logistics.・ Investigate whether retailers are buying up or selling masks in anticipation of a rise in the price of masks. It is a report.
The report does not tell how it became clear.In the case of expropriation based on Article 55 of the Act on Special Measures Concerning New Influenza, etc., it is stipulated that "the loss that should normally occur due to the disposition must be compensated" (Article 62, Paragraph 1).
As of June 2020, 4, no follow-up report on the April 26, 2020 report can be confirmed.In addition, neither the examination in the statement by Secretary of State Suga on April 6, 2, nor the press or official announcement can be confirmed.
- ^ Bill submitted to the Dietbecause
- ^ Influenza caused by a virus that has the ability to be transmitted from person to person, and since the people generally do not have immunity, the nationwide and rapid spread will affect the lives and health of the people. Items that are recognized as having a significant impact
- ^ Assuming that the influenza was once a global epidemic and has passed for a long time without an epidemic.Minister of Health, Labour and WelfareIt is said that the nationwide and rapid spread may have a serious impact on the lives and health of the people because what is defined by the government is a revival and generally most of the current people have not acquired immunity. What is recognized
- ^ It is an infectious disease caused by the coronavirus that has newly become capable of being transmitted from person to person, and since the general public has not acquired immunity to the infectious disease, the infectious disease is nationwide. A virus that is recognized to have a significant impact on the lives and health of the people due to its rapid spread.
- ^ An infectious disease caused by the coronavirus that was once epidemic on a global scale and has been stipulated by the Minister of Health, Labor and Welfare as having not been epidemic for a long period of time has been revived. Since most of the infectious diseases have not acquired immunity to the infectious disease, it is recognized that the nationwide and rapid spread of the infectious disease may have a serious impact on the lives and health of the people. )
- ^ a b c "Enforcement of the New Influ Special Measures Law It is now possible to issue a request to refrain from going out."Sankei Shimbun』April 2013, 4, published by the Tokyo head office, 13th edition, 15 pages.
- ^ Microsoft PowerPoint-Mr. Takashiro Iino Hall (Revised Ver.) Workshop New Influenza Countermeasures Promotion Office, Tuberculosis Infectious Diseases Division, Health Bureau, Ministry of Health, Labor and Welfare (2014) "New Influenza Countermeasures Based on the Act on Special Measures for New Influenza and the Government Action Plan-Focusing on Medical Systems and Vaccination Systems-" (2020 (Viewed on March 3, 2)
- ^ a b "New Influenza: Enforcement of Special Measures Law, Advance in Preparation for Global Epidemics" Mainichi Shimbun, April 2013, 4, Tokyo Evening Edition, p. 12
- ^ a b "New pneumonia: New pneumonia, Prime Minister declares revision of special measures law, request to refrain from going out, focus on human rights restrictions," Mainichi Shimbun, March 2020, 3, Tokyo morning edition, page 3.
- ^ About establishment of new influenza countermeasures expert committee (tentative name) "Summary of the General Meeting on Countermeasures for New Influenza (A / H1N1)", viewed March 2020, 3
- ^ New influenza (A / H1N1) countermeasures general meeting proposal (draft) "New influenza (A / H1N1) countermeasures general meeting report, June 22, 6", viewed March 10, 2020
- ^ About the legal system for new influenza measures Cabinet Secretariat Retrieved March 2020, 3
- ^ "New Influenza Special Measures Bill: Enactment, Meeting Restriction Possible" Mainichi Shimbun April 2012, 4 Tokyo Evening Edition Page 27
- ^ Official Bulletin, May 2012, 5, Extra No. 11, p.104-2
- ^ Mamoru Sanwa (2013)"Why was the" Special Measures Law "needed even though there was an infectious disease law: The Council on Countermeasures for New Influenza, etc." Interim Report "" Nikkei Medical
- ^ Cabinet Order to set the enforcement date of the Act on Special Measures for Countermeasures against New Influenza (Cabinet Order No. 25 of April 4, 12)
- ^ Legal development to prevent the spread of new pneumonia Refer to the Influx Special Measures Law-Prime Minister Abe: Jiji.com February 2020, 2 28:18, viewed March 03, 2020
- ^ New Corona Expert Opposes Grounds for Amendment of "New Infectious Diseases" Law House of Councilors Cabinet Committee
- ^ a b Official Bulletin dated March 2, 3nd year of Reiwa (Special Extra No. 13) p.27
- ^ Prime Minister declares amendment to the Influential Special Measures Law December 2020, 3 Retrieved December 2, 2020
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- ^ [Relay of the Diet] Plenary session of the House of Representatives-March 2, 3nd year of Reiwa- --Nico Nico Live Broadcast Time Shift April 2020, 3
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- ^ ≪To enact the new Corona Special Measures Bill≫ [Broadcast of the Diet] House of Councilors plenary session-March 2, 3nd year of Reiwa- --Nico Nico Live Broadcast Time Shift April 2020, 3
- ^ Cabinet Order that sets the date specified by the Cabinet Order under Article 2-45, Paragraph XNUMX of the Supplementary Provisions of the Act on Special Measures Concerning New Influenza (Reiwa XNUMXnd Year Cabinet Order No. XNUMX)
- ^ Official Bulletin dated March 2, 3nd year of Reiwa (Special Extra No. 13) p.27
- ^ Cabinet Order to partially revise the Cabinet Order that sets the date specified by the Cabinet Order of Article 3-2, Paragraph XNUMX of the Supplementary Provisions of the Act on Special Measures Concerning New Influenza (Reiwa XNUMXrd Year Cabinet Order No. XNUMX)
- ^ Official Bulletin dated March 3, 1nd year of Reiwa (Special Extra No. 7) p.1
- ^ 201st Diet Cabinet Law No. 46 Ancillary Resolution "Attachment resolution for a bill to partially revise the Act on Special Measures Concerning New Influenza, etc.": Ancillary resolution by the Cabinet Committee of the House of Representatives
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- ^ Diet Submission Bill (204th Ordinary Diet Session) Cabinet Secretariat
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- ^ Hitomi Tanimoto, Kazuhiko Hori, Ryosuke Abe, Itsuo Higashikubo, Yo Nomaguchi, Ai Yokota (January 2021, 1).Infectious Diseases Law Amendment Smoldering Criticism of Remaining Penal Provisions Speculation Behind Speed Settlement”. Mainichi Shimbun. 2021/2/4Browse.
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- ^ February 3, 2rd year of Reiwa Special issue of the official bulletin No. 3
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- ^ Official Gazette, April 2020, 3, Special Issue No. 26, p.33
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- Emerging infectious disease
- HXNUMXNXNUMX influenza
- 2009 pandemic influenza pandemic
- H7N9 bird flu epidemic
- The outbreak situation of 2019 coronavirus infectious disease in Japan
- Closed based on the Act on Special Measures Against New Influenza
- Priority measures such as prevention of spread
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- Chairman's statement against the bill for special measures against new strains of influenza Japan Federation of Bar Associations, March 2012, 3 (viewed March 22, 2020)